RAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE claimant is in appeal. THEir property in Thiruvaniyoor village was acquired for the purpose of Kochi Refineries Ltd. pursuant to Section 4(1) notification published on 04/11/2000. THE property was included in category No.4 and the Land Acquisition Officer awarded land value at the rate of Rs.29,000/- per Are. Under the impugned judgment, the Reference Court evaluated the evidence and re-fixed the land value at Rs.38,200/- per Are.

(2.) HEARD Sri.T.A.Shaji, the learned counsel for the appellant, Smt.Thushara James, the learned counsel for the Requisitioning Authority and Smt.Latha T. Thankappan, the learned Senior Government Pleader. We notice our own judgment in LAA.248/08 pertaining to same acquisition, but in respect of land included in category-3. Under that judgment we have re-fixed the value by granting an enhancement by 47% over what was awarded by the Land Acquisition Officer. Since there is a co-relation between the values of various categories of properties under acquisition and nobody has a contention that the ratio fixed by the Land Acquisition Officer between the values of the various categories is wrong, we are of the view that relying on the judgment in LAA.248/08 itself the market value of the land under acquisition in this case can be re-fixed at Rs.42,630/- per Are. It is accordingly re-fixed.